Regular Bail Application

Section 437 and 439 of CrPC deals with regular bail. According to these sections the court can order the police to release the accused. The court will grant bail only under these circumstances-

1. If the accused was arrested without any arrest warrant or if he was presented before the court other than the Court of Sessions or High Court. If there is a reason to believe that the person has committed an offense which is punishable by death or life imprisonment then the court will not grant the bail. The court will also not grant the bail if the person is accused of cognizable offence (offences which are of serious matters such as murder, rape, kidnapping etc.) and was earlier convicted of an offence which is punishable by death or life imprisonment or imprisonment for not less than 7 years.

2. If there are no reasonable grounds to believe that the accused has committed a non bailable offence.

3. If the trail is not concluded within the period of 60 days from the first date fixed for taking up of evidence and if the accused is in custody for that whole period, then he can be released on bail.

4. If, at the conclusion of the trial before the judgement is delivered, the court believes that the person has not committed an offence then he can be released on bail.

The court of sessions or high court can also release the accused on a bail under section 439 of the Act if they believe it is just to do so.

In some cases, while releasing a person on bail the court can impose certain conditions in order to ensure that the person attends in accordance with the conditions of the bail bond or to ensure that the accused does not commit any other offense similar to the offence he is committed of or for the interest of justice.

The court can also, after granting the bail, can at any time order to re-arrest the accused person.

We here at Chaklan and Associates provide assistance in  fighting  legal battle for your freedom through contesting for Bail on your behalf.